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Home My WebLink About2022-09-28 CPC Packet REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES 1. Possible approval of minutes of August 24th, 2022 regular meeting minutes IV. OPEN FORUM - The Open Forum is a portion of the Commission meeting to address subjects which are not a part of the meeting agenda. The Chairperson may reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit yo ur comments to 5 minutes or less. V. CONSENT AGENDA (ROLL CALL) - All items listed under the consent agenda are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion on these items unless a commission member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. 2. Case No. 2022-41: Consider Final Plat for MJG ADDITION (Caribou Coffee @ 2001 Washington Ave W); Case of Mikden of Stillwater VI. UNFINISHED BUSINESS VII. PUBLIC HEARINGS - The Chairperson opens the hearing and will ask city staff to provide background on the proposed item. The Chairperson will ask for comments from the applicant, after which the Chairperson will then ask if there is anyone else who wishes to comment. Members of the public who wish to speak will be given 5 minutes and VIII. DISCUSSION IX. FYI – STAFF UPDATES 9. Format Changes for Planning Project Approvals (Variances, Conditional Use Permits, Interim Use Permits, etc.). X. ADJOURNMENT will be requested to step forward to the podium and must state their name and address. At the conclusion of all public testimony the Commission will close the public hearing and will deliberate and act on the proposed item. 3.Case No. 2022-19: Consider Request for a Conditional Use Permit for Myrtle Street Apartments at 107 3rd St. S; Case of Landucci Homes. 4.Case No. 2022-63: Consider Request for a variance for the reconstruction and expansion of an attached garage at an existing reduced front yard setback at 603 Broadway St. S; Case of Todd and Anne Anderson 5.Case No. 2022-64: Consider Request for a Conditional Use Permit for an Accessory Dwelling Unit and consideration of a Variance request for the construction of an Accessory dwelling unit at a reduced rear yard setback at 919 5th Ave S; Case of Noel Molloy. Item moved to the October 26th agenda. 6.Case No. 2022-65: Consider Request for a variance to increase the allowable amount of impervious surface to allow the construction a two-car garage at 1218 6th Ave. S; Case of Doug Hinderaker 7.Case No. 2022-67: Consider Request for a variance to increase the allowable amount of impervious surface to construct a deck 3625 Summit Ln; Case of Dan Larson 8.Case No. 2022-57: Ordinance Amending Accessory Structure Regulations (sizes for larger lots, home offices/recreation rooms, remove conflicting language). Sec 31 304 Sec 31 306 Sec 31 308 Sec 31 314 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.ci.stillwater.mn.us PLEASE NOTE: Planning Commission meetings are streamed live on the city website and available to view on Channel 16. Public can participate by attending the meeting in person at City Hall in the Council Chambers, 216 4th St N, by logging into https://stillwater-mn.zoomgov.com/j/1608779021 or by calling 1-646-828-7666 and enter the meeting ID number: 160 877 9021 PLANNING COMMISSION MEETING September 28th, 2022 REVISED PLANNING COMMISSION MEETING MINUTES August 24, 2022 REGULAR MEETING 7:00 P.M. Chairman Dybvig called the meeting to order at 7:00 p.m. Present: Chairman Dybvig, Commissioners Hoffman, Knippenberg, Steinwall, Councilmember Odebrecht Absent: Commissioners Cox and Swanson Staff: Community Development Director Gladhill, Assistant Planner Gutknecht, Planning Manager Robinson APPOINTMENT OF VICE CHAIR Community Development Director Gladhill noted that the item listed on the July 27 meeting agenda as “Appointment of Vice Chair” should have been “Appointment of Acting Chair.” Motion by Councilmember Odebrecht, seconded by Commissioner Hoffman, to appoint Commissioner Steinwall as Vice Chair. Motion passed 4-0-1 with Commissioner Steinwall abstaining. APPROVAL OF MINUTES Possible approval of minutes of June 22, 2022 and July 27, 2022 regular meetings Motion by Commissioner Steinwall, seconded by Commissioner Knippenberg, to approve the minutes of the June 22, 2022 meeting. All in favor. Motion by Commissioner Hoffman, seconded by Commissioner Steinwall, to approve the minutes of the July 27, 2022 meeting, noting that Steinwall was not appointed Vice Chair but Acting Chair. Motion passed 3-0-2 with Chair Dybvig and Councilmember Odebrecht abstaining. OPEN FORUM There were no public comments. CONSENT AGENDA There were no items on the Consent Agenda. UNFINISHED BUSINESS There was no unfinished business. PUBLIC HEARINGS Case No. 2022-19: Consider Request for Conditional Use Permit for Myrtle Street Apartments at 107 3rd St N; Case of Landucci Homes. Community Development Director Gladhill reviewed the application. The applicant and property owner, Landucci Homes, is seeking a series of zoning applications to facilitate the construction of a 21-unit, three-story apartment building with a rooftop deck, located at 107 3rd St N. The single family home at 110 Myrtle St E has been sold to another party and is no Planning Commission August 24, 2022 Page 2 of 6 longer part of this proposal. The Heritage Preservation Commission tabled action on the proposal. The Planning Commission will act on variances and provide a recommendation to the City Council on the Conditional Use Permit. He showed the site plan with building footprint, and elevations from all sides showing the proposed façade of brick veneer and standing seam metal. Decks on the western and eastern walls of the proposed building encroach into the front and rear yard setbacks. The underground parking footprint will be slightly larger than the building footprint. He conveyed the City Attorney’s opinion that technically, the underground portion can encroach on setbacks because it is not an above ground improvement. The front decks are nine feet from the front property line while the required setback is 15 feet. Staff feels the decks add architectural interest. The way the City measures side property lines is unique, allowing a 20 foot setback to work with. He said a development could have 0 on one side and 20 feet on the other. The sides of this building are well within the side yard setbacks. The biggest deviation from code is on the rear yard setback. Mr. Gladhill stated that all comments received in the last round of review for the project, and this review, suggest the developer is trying to do too much on the site. He reviewed the three-factor test for granting a variance and stated the last variance is to the maximum building height of three stories and 35 feet, three stories and 37 feet proposed. Staff believes the developer can adjust the height of the structure to eliminate a variance. Regarding parking, 26 parking stalls are proposed, which would ordinarily be deficient for a 21-unit building, but in 2008 the City agreed to allocate 40 parking stalls to this site which remains a legally binding agreement. Additionally, the City has received a revised traffic study of this very unique intersection indicating the likelihood of a couple more crashes because of added traffic. But the report states that the severity would not change and the intersection would continue to operate at an acceptable level of service. Commissioner Steinwall noted that in a previous project, the Planning Commission considered the elevator shaft in calculating building height. She asked if that is appropriate in this case. Mr. Gladhill replied that, per a very recent project involving an elevator tower, 223 Main St S, elevator towers are permitted to encroach into a setback, to the minimum amount required to accommodate the elevator, because it’s a building code issue. Nathan Landucci of Landucci Homes, applicant, said the current proposal is a result of requests from the Planning Commission, City Council, Parking Commission and Heritage Preservation Commission almost a year ago; he has done everything that he was asked to abide by. City staff had at that point said there is no issue with the setbacks as it is in the Central Business District. Regarding the front setbacks and the balconies, there are always soffits and overhangs that are allowed but apparently that is not allowed in the building code. The balconies would overhang 5 feet in front but they add architectural interest. He said that most apartment buildings are 60 feet wide. If they shrink the building any more, they would have problems with the parking below. A correction to the rendering is that the east and south sides are not buried underground. Regarding the 37 foot height, last time the project was reviewed, City staff didn’t have a problem with the 37 foot height. He doesn’t think he would have a problem complying, but the extra two feet allows a higher parapet wall to hide the elevator shaft and mechanicals. Commissioner Steinwall pointed out the elevation sketches show the mechanicals rising above the parapet, and Mr. Landucci replied that the drawings are mistaken. The railing would not be there if the parapet was two feet higher. Chair Dybvig asked about the rendering of the rear elevation, and Mr. Gladhill clarified that on the rear elevation, the underground and above ground are one in the same so the wall is on the 15 foot line where 20 feet is required. He stated for record that staff did note a number of Planning Commission August 24, 2022 Page 3 of 6 setback items with the previous case. At that point the building width was wider so sideyard setback variances were needed, and that plan included the adjacent lot, which is why these setbacks are now relevant. Chairman Dybvig opened the public hearing, and one resident on Zoom had technical problems. Chairman Dybvig closed the public hearing. Regarding the requested variances, Commissioner Steinwall said she is not convinced the applicant has met the practical difficulty test; the plight of the landowner is due to the applicant’s design of the building rather than unique site challenges. She also has concerns that the variances if granted would alter the essential character of the neighborhood. She would not support granting any of the variances. Chairman Dybvig re-opened the public hearing, and Steven Wahlquist, 121 Martha St N, said his main concern is the exit from the parking area onto Myrtle St which is now much closer to Third St than the previous design. When factoring in the Chestnut Apartments there will be even more traffic. His other concern is that the architecture is very plain; he would like to see some lintels on windows and sills to give it some character. He also asked if there are any green space requirements for this type of development. Chairman Dybvig re-closed the public hearing. Councilmember Odebrecht agreed that practical difficulty has not been established, though he appreciates Mr. Landucci working with the City. He noted this is a very different development from 200 Chestnut, this is a gateway property with a different sight line and different view. Traffic is also very different in this space. The present design would drastically alter the character of the neighborhood. Commissioners Knippenberg and Hoffman and Chairman Dybvig agreed with concerns about the mass of the building. Motion by Commissioner Steinwall, seconded by Commissioner Knippenberg, to deny the three variances requested in Case No. 2022-19, Myrtle Street Apartments at 107 3rd St N. Motion passed 4-0-1 with Councilmember Odebrecht abstaining. Motion by Commissioner Hoffman, seconded by Commissioner Steinwall, to recommend that the City Council deny Case No. 2022-19, Conditional Use Permit for Myrtle Street Apartments at 107 3rd St N. Motion passed 4-0-1 with Councilmember Odebrecht abstaining. Mr. Gladhill clarified the applicant may appeal the decision on the variances to the City Council, and noted that there is still the tabled design permit application. The case will come before the City Council in late September or early October. There would be public hearing notices coming out, should the applicant choose to appeal the denials voted on tonight. Case No. 2022-53: Consider Request for Conditional Use Permit for Medical Office Building at 29XX Curve Crest. Assistant Planner Gutknecht reviewed the case. The City has received a Conditional Use Permit application for the vacant lot located directly east of 2900 Curve Crest Blvd to construct a 12,000 square foot medical office building. The proposal is the second phase of a two-phase medical and dental office campus development in the Campus Research District. This will be the fourth medical/dental office in the district. Phase 1 was approved in 2010 which included the platting of both Phase 1 and Phase 2 lots as well as parking for both phases. The applicant proposes to continue to meet the required standards for utilities, parking, design standards, Planning Commission August 24, 2022 Page 4 of 6 and landscaping for the completion of Phase 2. Staff recommends approval of the CUP with nine conditions. Chair Dybvig opened the public hearing. There were no public comments. Chair Dybvig closed the public hearing. Motion by Commissioner Hoffman, seconded by Councilmember Odebrecht, to make the determination that the proposed medical office building is a similar use to other approved uses within the CRD Zoning District, and to approve Case No. 2022-53, Conditional Use Permit for Medical Office Building at 29XX Curve Crest, with the nine staff-recommended conditions. All in favor. Case No. 2022-56: Non-Residential Use Table Amendment – Amend Campus Research District to include Medical Offices. Mr. Gutknecht stated that a CUP application has been received to allow a medical/dental clinic and office located in the Campus Research District. Staff reviewed district standards, previous applications for similar uses, and development pressures that have affected the district in the past decade. Staff felt it appropriate to bring forward an ordinance amendment proposal for the Campus Research District that addresses design requirements and allowable uses. Staff recommends an amendment to the use table, in order to permit medical/dental clinics and offices uses through the CUP rather than continue to rely on permitting “similar uses.” The primary reason being, medical/dental clinics and offices have been and continue to be routinely determined compatible with the intention of the land use and district purpose statement and found to be an appropriate fit within the regional commercial area by both City staff and Planning Commission. Staff recommends that the Planning Commission recommend approval of the amending ordinance. Commissioner Steinwall said she thought the HPC dealt with design permits in the West Stillwater Business Park area, and Mr. Gladhill replied that the HPC at one point reviewed all these projects in the West Stillwater Business Park but there was a policy shift a few years ago refocusing the HPC on the downtown historic areas, downtown design review district and neighborhood conservation district. Chair Dybvig opened the public hearing. There were no public comments. The public hearing was closed. Motion by Commissioner Hoffman, seconded by Commissioner Knippenberg, to recommend the City Council approve Case No. 2022-56, Non-Residential Use Table Amendment – Amend Campus Research District to include Medical Offices. All in favor. Case No. 2022-57: Ordinance Amending Accessory Structure Regulations (sizes for larger lots, home offices/recreation rooms, remove conflicting language). Sec 31 304 Sec 31 306 Sec 31 308 Sec 31 314. Mr. Gladhill said this will be moved to the September agenda. Case No. 2022-58: Official Zoning Map Amendment – Neighborhood Commercial District. Planning Manager Robinson stated that during the development of the 2040 Comprehensive Plan, changes to the commercial land use categories in general were made to clarify and better reflect the community’s desire to preserve the unique neighborhood commercial uses of the historic areas of Stillwater. In 2021, a Zoning Text Amendment was approved that added the Neighborhood Commercial section to the zoning code. Staff recommends approval of the Planning Commission August 24, 2022 Page 5 of 6 Zoning Amendment that would finalize and conclude the administrative process that was initiated with the creation of the Future Land Use Map and Neighborhood Commercial Zoning District by aligning the Zoning code with the corresponding Zoning Map. At this time, Staff would recommend removing the Liberty Village commercial area from the amendment for further review, as the current code language would create a lawful, nonconforming situation for the existing fuel sales use. Councilmember Odebrecht asked how it went with the gas stations. Mr. Gladhill replied that the neighborhood commercial district in the Comprehensive Plan includes the Liberty Village area anchored by Kwik Trip, but it also does not allow gas stations so Liberty Village will be addressed separately at a future date. There is a gas station in one of the remaining pockets; if that gas station ever expires for more than 12 months it would lose its lawful nonconforming protections. He added that some public comments have been received. The old lumberyard north of Laurel St is now a residential building so that will come off the map. Change #2 is on the west end of town where the Comprehensive Plan map shows neighborhood commercial. The City will wait to rezone those properties to determine whether gas stations are appropriate in that area but this is the only map change here regarding the Fourth St properties. Chair Dybvig opened the public hearing. Cheryl Kane, 618 Owens St N, via Zoom, asked what is changing with the zoning. Mr. Gladhill replied this is part of historic preservation efforts to protect small pockets of commercial uses in residential districts. No new construction is involved, it is a matter of having the rules match what is actually occurring on the site. Chair Dybvig closed the public hearing. Motion by Commissioner Steinwall, seconded by Commissioner Hoffman, to recommend that the City Council approve Case No. 2022-57, adopting the Zoning Map Amendment Ordinance Amending Accessory Structure Regulations (sizes for larger lots, home offices/recreation rooms, remove conflicting language), pulling out the portion of the map showing Liberty Village as being rezoned, and the lumberyard parcel on Fourth St, stating those two corrections to the map shall be made. All in favor. Case No 2022-62: Lumberjack Landing Trail Addition Preliminary/Final Plat. Assistant Planner Gutknecht explained that the City has been working closely with the Stillwater Marina & Yacht Club in bringing the proposed plat before the Planning Commission and City Council. The purpose of the plat is to allow the City to purchase property ensuring access and control to the recently acquired parks and recreation area known as Lumberjack Landing. Additionally, the plat will help clarify private property line boundaries along the Brown’s Creek trail property. The existing property is a narrow lot, measuring approximately 2,031 feet by 39 feet with an area of 79,239 square feet. The parent parcel is being split into Outlots A, B, and C. Outlots B and C are located on the portion of Brown’s Creek State Trail that stretches between the Zephyr Theatre and the Stillwater Marina & Yacht Club. Outlots B and C are proposed to remain under the current ownership. The third lot created, Outlot A, consists of the remainder of the parent parcel north of Outlots B and C. Staff recommends the Planning Commission recommend that the City Council approve the preliminary and final plat for Lumberjack Landing Trail Addition creating three new lots. Planning Commission August 24, 2022 Page 6 of 6 Chair Dybvig opened the public hearing. There were no public comments and he closed the public hearing. Motion by Commissioner Knippenberg, seconded by Commissioner Hoffman, to recommend that the City Council approve Case No 2022-62, Lumberjack Landing Trail Addition Preliminary/Final Plat. All in favor. NEW BUSINESS There was no new business. DISCUSSION There were no discussion items. FYI STAFF UPDATES Mr. Gladhill encouraged Commissioners and all residents to patronize and support downtown businesses during the Chestnut Plaza project construction. ADJOURNMENT Motion by Commissioner Knippenberg, seconded by Commissioner Hoffman, to adjourn the meeting at 8:19 p.m. All in favor. John Dybvig, Chair ATTEST: Tim Gladhill, Community Development Director DATE: September 28, 2022 TO: Honorable Chair and Planning Commissioners FROM: Tim Gladhill, Community Development Director SUBJECT: Case No. 2022-41: 2001 Washington Ave W Redevelopment; Final Plat Approval for MJG ADDITION; Case of Mikden of Stillwater BACKGROUND On June 22, 2022, the Planning Commission reviewed a series of Applications related to a small infill development to create a small coffee shop drive through generally known as a ‘Caribou Cabin’. A part of this request include subdividing the Property to create a separate lot for the Caribou Cabin as well as consolidating several underlying parcels that made up the ‘Former Herberger’s Site’. As recommended by the Planning Commission, the Applicant the second infill lot on the Preliminary Plat, at least until a traffic study can be reviewed. The City Council approved the revised Preliminary Plat on July 26, 2022. The Final Plat is substantially compliant with the approved Preliminary Plat. ACTION REQUESTED Motion to approve the Final Plat known as MJG ADDITION, contingent upon a revision to include a Public Drainage and Utility Easement as directed by the City Engineer/Public Works Director. DRIVE MJG ADDITION KNOW ALL PERSONS BY THESE PRESENTS: That Mikden of Stillwater LLC, a Minnesota limited liability company, owner of the following described property situated in the County of Washington, State of Minnesota, to wit: Lots 2, 3, 4, 5, 6, and 7, Block 1, Matt Hooley Addition, Washington County, Minnesota. Has caused the same to be surveyed and platted as MJG ADDITION and does hereby donate and dedicate the easements as created by this plat for drainage and utility purposes only. In witness whereof said Mikden of Stillwater LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper member this day of , 20 Mikden of Stillwater LLC By Its S TA TE OF MINNESO TA COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by its of Mikden of Stillwater LLC, a Minnesota limited liability company. (Signature) (Nome Printed) Notary Public, County, My Commission Expires 1, Chris Ambourn, do hereby certify that this plat was prepared by me or under my direct supervision; that l am a duly Licensed Land Surveyor in the State of Minnesota; that this p/at is a correct representation of the boundary survey- that a// mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of , 20 Chris Ambourn Licensed Land Surveyor Minnesota License No. 43055 S TA TE OF MINNESO TA COUNTY OF This instrument was acknowledged before me on this day of ,20 by Chris Ambourn. (Signature) (Nome Printed) Notary Public, County, Minnesota My Commission Expires CITY COUNCIL, STILL WA TER, MINNESO TA This plat of MJG ADDITION was approved and accepted by the City Council of the City of Stillwater, Minnesota this day of 20 , and hereby certifies compliance with all requirements as set forth in the of Minnesota Statutes, Section 505.03, Subd. 2. City of Stillwater By: By: Mayor Clerk Approved by the Planning Commission of the City of Stillwater, Minnesota, this day of , 20 By: By: Planning Commission Chairman Planning Commission Secretary COUNTY SURVEYOR, Washington County, Minnesota Pursuant to Chapter 820, Minnesota Laws of 1971, and in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of , 20 Washington County Surveyor By: COUNTY AUDITOR/TREASURER, Washington County, Minnesota Pursuant to Minnesota Statutes, Section 505.021, Subd. 9 and Section 272.12, taxes payable in the year 20 on real estate hereinbefore described, have been paid; and there are no delinquent taxes, and transfer has been entered on this day of , 20 By: Washington County Auditor/Treasurer Deputy COUNTY RECORDER, Washington County, Minnesota Document Number l hereby certify that this instrument was recorded in the Office of the County Recorder for this record on this day of ,20 at o'clock .M. and duly recorded in Washington County Records. By: Washington County Recorder Deputy Westwood Professional Services, Inc. Sheet 1 of 2 Sheets P 0 .7 • A A A I V I / \ S88°48'52"E 185.35 T T N00°10'38"W 200.01 / 80 00 10\ _ - -- DRAINAGE & UTILITY EASEMENT N N N N 0 Lci 1i - I A /r-� / l/ V V L_ / \ nj_)n ir- LJ/ \ I V L_ MJG ADDITION 588°55' 19 "E 678.03 0 Lo Lo O 478.03 \ \ • - DRAINAGE & UTILITY EASEMENT I n r7 06, 6�\ \ 588°50'38"E 140.25 • r- L_ N01 °09'22"E - 19.12 I bJ A n LOT 1 588°50'38"E 193.86 0 f} 10C1.00 -'��- L / , 20' UTILITY EASEMENT ----- PER DOC NO. 773-A n I T U nv v I 1 N88°'38"W ('� < 1 112.1350- .3acrf 0 — 1 ia0° b� bs, \ i O� a\\' 20' UTILITY EASEMENT a PER DOC NO. 773-A \o ` .' n w " \, OUTLOT T — — — • 80 00 BLOCK LOT 2 —77_ Li 8 „ w 17865 N01 °07'05"E-. • 10.63 A 51 L- _ \ ------L',;), �IDl 2 I DRAINAGE & UTILITY EASEMENT I \\ i7 " \ 27 6-4- - 7� N881°50'38"W 535.35 6378 N88°52'55"W 255 71 Ln IL_L_VV/-\ I L_1 \ IN InI 1'-•TI-)I /1 I II\ILJU11\I/-\L_ ;- /-\ 1 \ ( 100.00 DRAINAGE & UTILITY EASEMENT - = _ _ -7 r- L_ L S00°18'02"E 474.45 5 5 S00°18'02"E 121.71 i 588°50'30"E 39.70 0 SCALE 50 100 1 INCH = 50 FEET IN 150 FEET O SET 1/2 INCH X 14 INCH CAPPED REBAR MN LICENSE NO. 43055 • FOUND MONUMENT O WASHINGTON COUNTY MONUMENT THE NORTH LINE OF MATT HOOLEY ADDITION IS ASSUMED TO BEAR 588°55' 19"E SECTION 32 TOWNSHIP 30N RANGE 20W (NOT TO SCALE) NW 1/4 NE 1/4 - _ _ SW 1/4 C CURVE i r J L CREST BLVD. - TOWER DR. (T 174- , *. r \,\z SITE \m \ N MN HWY 36 Westwood Professional Services, Inc. Sheet 2 of 2 Sheets I11war THE BIRTHPLACE OF MINNESOTA DATE: September 28, 2022 TO: Honorable Chair and Planning Commissioners FROM: Tim Gladhill, Community Development Director SUBJECT: Case No. 2022-19: Consider Conditional Use Permit for Residential Use and Large Building Project in Central Business District Known as Myrtle Apartments Located at 107 3rd St N; Case of Landucci Homes BACKGROUND The Applicant and Property Owner, Landucci Homes, (as Browns Creek West, LLC) is seeking a series of Zoning Applications to facilitate the construction of a 21-unit apartment building located at 107 Myrtle Street North. The project site consists of three (3) vacant parcels (with 1 additional `remnant' parcel). Historically, the site consisted of two (2) single-family residential dwellings, with at least one (1) of the dwellings being a duplex. One structure was demolished sometime after 1960 and the remaining structure was demolished in 2009. At that time, the City approved a multi -use retail/office building that was never constructed. .._�_... W. MYRTLE Source: Sanborn Map (1910) In 2018, the City approved a nine (9) unit residential building, also not constructed. In 2021, Landucci Homes proposed a 42-unit (revised to 39 units) apartment building that was ultimately denied by the City. ANALYSIS Comprehensive Plan/Downtown Plan Conformance (Future Community Vision) The 2040 Comprehensive Plan ("The Comprehensive Plan") clearly acknowledges the changing nature of Downtown Stillwater and embraces a mixed -use approach, including residential uses, and specifically notes this site as a potential redevelopment site (Potential Redevelopment Site #3). While the Comprehensive Plan ��• �' ✓ encourages additional economic development, it also balances that intent with the preservation of important historical and cultural resources. Both Myrtle Street and 3rd Street are identified as important viewsheds for Downtown Stillwater. Specifically, the Comprehensive Plan notes that: "The most dramatic view of Stillwater's natural setting is from the top of the bluff as you approach Downtown on Myrtle Street. The street corridor, shaped by trees, buildings and limestone walls, directs your view to the gazebo, river and bluffs beyond. Future infill development should reinforce the view corridor through building placement, architecture, materials and streetscape treatments." These statements are visionary items to strive for, while official regulations are found in the Zoning Code (analysis in other sections of this report). That said, the proposal generally meets maximum height requirements. LEGEND Gateways Nodes Sem repro Ned. kegs ',kw! New Corddass perioNeddOpee Spare .se g Vegetation Messin95 Downtown erojecr Boundary r • % vat ENHANCE NODES LOWELL 1 WITH LANDSCAPING AND PARK 'I SIGNAGE e=- I yy --.0 1310. $�U:01. t" ' Zoning Code Review (Regulatory Review) The property is located in the Central Business District. The purpose of the CBD district shall be to provide a district for general commercial, office and entertainment uses. However, in support of the above, the Central Business District also allows residential uses (residences of all classes) as a conditional use. Additionally, larger buildings in the Central Business District must be approved by the City Council by Conditional Use Permit. The Applicant has revised the plans for this project in light of the Planning Commission's denial of multiple Variances at your August 24, 2022 Meeting. Standard Requirement Proposed Compliance Maximum Building Height 3 stories 35 feet 3 stories 35 feet Compliant Minimum Building Height 2 stories or 25 feet 3 stories and 35 feet Compliant Minimum Lot Area 10,000 square feet 13,668.5 square feet Compliant Front Yard Setback (3rd Street) 15 feet 15 feet (building) Compliant Side Yard Setback 20 feet total of both sides (building to building) 20+ feet total of both side Compliant Rear Yard Setback 20 feet 20 feet Compliant Maximum Lot Coverage 80% —52% Compliant Minimum Landscape Area 20% —48% Compliant Design Review The project site is located in the Downtown Stillwater Design Review District and must comply with the Stillwater Design Guidelines. The Heritage Preservation Commission approved the Building Design at the September 21, 2022 Meeting. Traffic Analysis The Developer has provided a revised traffic study based on the new site plan. The traffic study indicates that the intersection of Myrtle Street and 3rd Street will operate at acceptable levels of service per accepted traffic engineering standards. Traffic modelling indicates that there will be no significant increase in traffic accidents as a result of the project. RECOMMENDATIONS Stillwater Design Guidelines/Heritage Preservation Commission The Heritage Preservation Commission approved the exterior building design/facade at their September 21, 2022 Meeting. Parking/Downtown Parking Commission The Downtown Parking Commission has also reviewed the Applicant's proposed parking plan at their August 18, 2022 Meeting. Despite acknowledging that the project would ordinarily be 13 stalls deficient in parking requirements, the Downtown Parking Commission also acknowledged that the City entered into a legally binding contract in circa 2008 (assigned circa 2017). It appears that, based on the underground parking configuration, the site would ordinarily be able to accommodate parking for 14 units. However, given the existence of a legally binding agreement/parking credit, the Downtown Parking Commission recommended approval of the parking plan. The Downtown Parking Commission also recommended that the City terminate the remaining parking credits not needed for this project as a contingency of approval (recommendation under review by the City Attorney). Staff Recommendation — Zoning Code Compliance It appears that the Applicant/Developer has found a solution that maintains the same number of units (21) while still maintaining compliance with applicable dimensional standards required of the Zoning Code. ACTION REQUESTED The Planning Commission has multiple alternatives to consider. 1. Approve the Conditional Use Permit as presented, based on the above findings and the following conditions o Plans must be consistent with the plans included in this report o Minor changes may be made by the Community Development Department; Major changes must be approved by the Planning Commission 2. Deny the Conditional Use Permit 3. Postpone Action to request modifications to the Application or additional information Motion to recommend that the City Council approve (or deny or table) the Conditional Use Permit for a multifamily residence and large building project in the Central Business District. D L \\\\\\\\\\\\\\\\\\\fi v b D ° b D b v v v vD v v D b vp O D ° ✓ ° D D <i p Db v v Do p v b y D v ° D v v p D _,, ), ,. b ° • ® 0 b V D AC\i> D Dv D 9 8 DO ° D b D b v D ° tV v D by D v b v v p p v Dv LEGEND • 0 ry AC EM ET D FOUND MONUMENT 1 /2" IP MARKED RLS 15480 SET 1 /2" IRON PIPE MARKED RLS NO. 25718 CABLE TV PEDESTAL AIR CONDITIONER ELECTRIC MANHOLE ELECTRIC METER ELECTRIC PEDESTAL ELECTRIC TRANSFORMER LIGHT POLE GUY WIRE - POWER POLE GAS MANHOLE GAS METER • TELEPHONE MANHOLE T❑o TELEPHONE PEDESTAL co SANITARY CLEANOUT SANITARY MANHOLE CATCH BASIN STORM DRAIN 0 0 or 0 ® or ❑ v b D Lzq O O N co � CD IMB • X950.0 WATER VALVE BOLLARD FLAG POLE MAIL BOX TRAFFIC SIGN UNKNOWN MANHOLE SOIL BORING SPOT ELEVATION TRAFFIC SIGNAL CONIFEROUS TREE DECIDUOUS TREE FLARED END SECTION O STORM MANHOLE FIRE DEPT. CONNECTION HYDRANT CURB STOP WATER WELL WATER MANHOLE WATER METER POST INDICATOR VALVE OO 0 WM 728.2BW - 723.7E W - \ 1 FOUND JLM MARKED RLS 718 720 16141 Si. V N. 0.6 _ 4� UE UTV uF UT ou uG 1230 — D 747.4 - UNDERGROUND ELECTRIC UNDERGROUND CABLE TV UNDERGROUND FIBER OPTIC UNDERGROUND TELEPHONE OVERHEAD UTILITY UNDERGROUND GAS SANITARY SEWER STORM SEWER WATERMAIN FENCE CURB [TYPICAL] CONTOURS /////////////// BUILDING LINE BITUMINOUS SURFACE CONCRETE SURFACE 3)(16°55' 29" E STONE/CONC. WALL 175.10 SAN MH RIM=746.7 INV=736.1 718 , g, \ r \\_- E"LY LINE •F THE W"LY c10.00 FEET OF LOTS 16, 15 & 14. NOTE: TOPOGRAPHY TAKEN FROM SURVEY DATED 1-23-1 3. NO ADDITIONAL SURVEYING TO DATE. 745.9 720 GRAVEL BLOCK WALL 734 CONC. WALL 73..8TW 742.9 - CALL BEFORE YOU DIG! Gopher State One CaII TWIN CITY AREA: 651-454-0002 TOLL FREE: 1-800-252-1166 X 726.8 vD \ v —724.8 D --724.3 Dv -CATCH BASIN RIM=74 1.5 A SAN MH - A RIM=737.3 INV=724.9 STS MH - RIM=740.1 EXISTING LEGAL DESCRIPTION: Parcels A-D is as shown on Stewart Title Guaranty Company Issued by its Agent, Land Title, Inc. Title Commitment No. 545351, dated September 21 st, 2016. Parcel A West 90 feet of Lot 1 5, Block 19, Original Town (now City) of Stillwater, Washington County, Minnesota. Abstract Property Parcel B: West 90 feet of Lot 14, Block 19, Original Town (now City) of Stillwater, Washington County, Minnesota. Abstract Property Parcel C: The South 45 feet of the West 90 feet of Lot 16, Block 19, Original Town (now City) of Stillwater, Washington County, Minnesota. Abstract Property Parcel D: The North 5 feet of the West 90 feet of Lot 16, Block 19, Original Town (now City) of Stillwater, Washington County, Minnesota. Abstract Property Parcel E Lot Two (2), Block One (1), SPGLI ADDITION, according to the plat thereof on file and of record in the office of the Registrar of Titles, in and for the County of Washington and State of Minnesota. PER CERTIFICATE OF TITLE NO. 70740) Torrens Property Parcel F - legal description to be determined UNIT NO. ONE (1), COMMON INTEREST COMMUNITY NO. 349, A CONDOMINIUM, SPGLI CONDOMINIUMS, WASHINGTON COUNTY, MINNESOTA. SUBJECT TO ENCUMBRANCES, LIENS AND INTERESTS NOTED ON CICCT NO. 70824. SUBJECT TO THE PROVISIONS OF THE MINNESOTA COMMON INTEREST OWNERSHIP ACT, MINNESOTA STATUTES 51 5B, AND ACTS AMENDATORY THEREOF. CERTIFICATE OF TITLE NO. 70833) Torrens Property 70833. THIS CITY OF STILLWATER OWNED PARCEL IS PART OF CIC 349, SPGLI CONDOMINIUMS WHICH WILL HAVE TO BE AMENDED FOR THE TRANSFER OF THIS PARCEL. REFER TO CIC DECLARATION DOCUMENTS IF A TRANSFER IS PERMISSIBLE. AREA: TOTAL AREA AS SHOWN = 25,286 SQ.FT PARCELS A-D = 1 3,674 SQ.FT. PARCEL E = 9,526 SQ.FT PARCEL F = 2,085 SQ.FT SURVEY NOTES: 1 . BEARINGS ARE BASED ON COORDINATES SUPPLIED BY THE WASHINGTON COUNTY SURVEYORS OFFICE. 2. UNDERGROUND UTILITIES SHOWN PER GOPHER ONE LOCATES AND AS-BUILTS PLANS PROVIDED BY THE CITY OF STILLWATER PUBLIC WORKS DEPARTMENT. 3. THERE MAY SOME UNDERGROUND UTILITIES, GAS, ELECTRIC, ETC. NOT SHOWN OR LOCATED. 4. THE INFORMATION SHOWN ON THIS EXISTING CONDITIONS DRAWING IS A COMPELLATION OF EXISTING SURVEY DATA AT VARIOUS TIMES. NO ADDITIONAL CURRENT SURVEYING HAS BEEN DONE SINCE 2008. THIS IS NOT A BOUNDARY SURVEY. EASEMENT NOTES: The following exceptions appear on the Stewart Title Guaranty Company Issued by its Agent, Land Title, Inc. Title Commitment No. 545351, dated September 21 st, 2016 There are not survey related items shown on Schedule BII of said commitment. SUBJECT TO A WALL MAINTENANCE AGREEMENT PER DOC. NO 1225824 (NOT SHOWN). EXISTING PARKING: THERE ARE 7 PARTIAL PARKING STALLS DESIGNATED ON THIS PARCEL INCLUDING 0 HANDICAP STALLS. 0 15 30 107 3RD ST. N. CONTACT: Nathan Landucci Landucci Homes, Inc. Ianduccihomes.com 651-894-2582 COUNTY/CITY: WASH 1 NGTON c i UIVTY CITY OF 5T1 LLWATER VICINITY MAP I- 0 z (NOT TO SCALE) ym m SITE---- s 1A,1R4`6 VICIN TY MAP SECTION 28, TOWNSHIP 30 NORTH, RANGE 20 WEST, WASHINGTON COUNTY, MINNESOTA REVISIONS: DATE 11-13-17 2-26-21 REVISION INITIAL ISSUE ADDED PARCELS CERTIFICATION: I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed Land Surveyor under the laws of the state of Minnesota. n Number: 25718 PROJECT LOCATION: THIRD ST. N. PID#2003020420059 PID#2003020420060 PID#2003020420061 PID#2003020420169 11cI MYRTLE ST. E. PID#2803020420175 O O 2NID S. N. PID#2803020420176 1 Suite #200 1970 Northwestern Ave. Stillwater, MN 55082 Phone 651.275.8969 dan@cssurvey .net CORNERSTONE LAND SURVEYING, INC. FILE NAME PROJECT NO. SURVSTO4D ST04008D EXISTING CONDITIONS Lov„411 5l EXISTING HOUSE TO REMAIN REBUILD RETAINING WALL AS NEEDED REFER TO STRUCTURAL ENGINEER 1" = 30'-0" 15'-0" 0 30'-0" 107 3RD STREET NORTH, STILLWATER iyijSflte 3820 V - 24SG RS-+#1 / / RS- KN T HR O@3J +L M 44305 Office:612.615.0060 www.CivilSiteGroup.com SITE PLAN Project Number: Issue Date: 21043 08/26/2022 Revision Number: Revision Date: ciyil Suit.? 107 3RD STREET NORTH, STILLWATER 3820 V - 24SG RS-+#1/ / RS- KNT 0g)J +L M 44305 Office: 612.615.0060 www.CivilSiteGroup.com Project Number: Issue Date: 21043 08/26/2022 Revision Number: Revision Date: 1" = 30'-0" 15'-0" 0 30'-0" LANDSCAPE PLAN Architects mm -IN Commercial I Retail I Mixed Use Residential I Restaurants 15'-0" 55'-0" L L L L L L LLLLLLLLLLLLLL L L LLLL LLLLLLLLLLLLLL LLLLLLLLLLLLLL LLLLLLLLLLLLLL LLLLLLLLLLLLLL LLLLLLLLLLLLLL LLLLLLLLLLLLLL LLLLLLLLLLLLLL LLLLLLLLLLLLLL LLLLLLLLLLLLLL LLLLL LLLLLL L L L L UT DOOR TRRACE_I l � LLLLLLLLLLLLL LLLLLLLLLLLLLL LLLLLLLLLLLLLL LLLLLLLLLLLLLL LLLLLLLLLLLLLL LLLLLLLLLLLLLL STAIR LLLLLLLLLLLLLL LLLLLLLLLLLLLL LLLLLLLLLLLLLL 1111111111111 I o ro DECK EXISTING HOUSE TO REMAIN AL Proposed 21 Unit Apartment 107 3rd St. N Stillwater , MN FLOOR 1 Bedroom 2 Bedroom Total FIRST FLOOR: 4 3 7 SECOND FLOOR: 3 4 7 THIRD FLOOR: 3 4 7 TOTAL: 10 11 21 PLAN NORTH / Scale: 3/32" =1'-0" Proposed Roof Plan A3.1: T.O. THIRD xxx T.O. SECOND xxx T.O. FIRST 100'-0" T.O. PARKING LEVEL 88'-8" n d1l11111li 111111 lri �IUM1111iU1111 imWmiiiiiliIlff lM1111111111111111llFUW111IM110111 l lliM11i111W 111111IItiIIIr IIIIuhIu 1 1 1 IIII 1 IIIIIIIIII 1111111111 JIM Scale: 1/8" = 1'-0" Architects Proposed 21 Unit Apartment Exterior West Elevation PROJECT NO.. Commercial I Retail I Mixed Use Residential I Restaurants 107 3rd St. N Stillwater , MN A4 Scale: 1/8" = 1'-0" Architects Proposed 21 Unit Apartment Exterior South Elevation PROJECT NO.. mm -IN Commercial I Retail I Mixed Use Residential I Restaurants 107 3rd St. N Stillwater , MN A5 �1Tfififli iIffihlfill?ililliffifflti�lil Tiiillfl` i�l;i� iil illi i 11�Tllalilli i fii?ilTifCi 1 f� i f��•�fii��H JI' +:: b o.n. a;:u4,, i�lill� rrisae.: — cuE�.=�srsr. I I ter_ �i . rrih 1' rt -Pr,,' v rrp — •.• •- _� __ _ - Fr R i p l ' 1i4r 111- .III 11. 111.11E111 Scale: 1/8" = 1'-0" Architects Proposed 21 Unit Apartment Exterior East Elevation PROJECT NO.. Commercial I Retail I Mixed Use Residential I Restaurants 107 3rd St. N Stillwater , MN A6 Scale: 3/16" = 1'-0" Architects Proposed 21 Unit Apartment Exterior North Elevation Commercial I Retail I Mixed Use Residential I Restaurants 107 3rd St. N Stillwater , MN A7 Z 1- 0 w 0 Brick Veneer Vertical Metal Panel Black Metal Panel and Parapet Architects Proposed 21 Unit Apartment Color/ Materials PROJECT NO.. mm -IN Commercial I Retail I Mixed Use Residential I Restaurants 107 3rd St. N Stillwater , MN A8 Sti11water HE Br ATHPLAGE OF MINNESOIA DATE: September 28, 2022 TO: Honorable Chair and Planning Commissioners FROM: Ben Gutknecht, Assistant City Planner SUBJECT: Case No. 2022-63 - Variance Request to expand an existing legal nonconforming structure within the required front yard setback area and facilitate the reconstruction and expansion of an existing garage at 603 Broadway St S. BACKGROUND The Applicant, Imprint Architecutre and Design (Jeremy Imhoff) and Property Owners, Todd and Anne Anderson are seeking a variance from the Planning Commission to expand an existing legal non -conforming structure in the RB — Two Family Zoning District. If approved, the proposed action would faciliatate the reconstruction and expansion of an existing legal non-confroming attached garage. The project area is located at 603 Broadway St S (PID # 2803020440092) and has frontage on Broadway St S and has two residential properties to the north and south, to the east is a steep slope and Main St S. The project site has a lot area of 25,097 square feet and contains a single-family house built in 1870. ANALYSIS The RB Two -Family Zoning District allows detached and attached garages at a maximum size of 1,000 square feet or 10% of lot area, whichever is less. Garages must be set back a minimum of 30-feet from the right-of-way and setback 10-feet from the front setback line of the principal dwelling. Additionally, attached garages must be setback a minimum 5-feet from the side yard. Currently, the existing attached garage is approximately 560 square feet and set back 27-feet from the right of way and 8.1-feet from the side yard property line. It is located slightly (2 feet) in front of the primary dwelling, but several feet behind the front porch. The proposed action seeks to allow the replacement of an existing 560 square foot attached garage with an expanded 783 square foot attached garage. The proposed expansion of the attached garage will maintain the nonconforming 27-foot front yard setback and decrease the side yard setback to 5-feet. Because the proposed reconstruction of the garage will increase the area of a legal non -conforming structure, a variance is required to propose an increase to the existing attached garage. Minnesota State Statute Chapter 462.357 requires that cities consider the following standards when considering a Variance. This is also known as the `practical difficulty' test. • The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. • The plight of the landowner is due to circumstances unique to the property not created by the landowner. • The variance, if granted, will not alter the essential character of the locality. • Economic considerations alone do not constitute practical difficulties. FINDINGS: Variance to the Required Rear Yard Setback: 1. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. a) The proposed reconstruction and expansion of an attached, two -car garage in the RB Two -Family district is a reasonable use and is consistent with development within the district and surrounding neighborhood. b) Zoning Code Section 31-308(a)(3) further regulates accessory structures in the RB Two -Family district, describing that, "The maximum lot coverage of all accessory buildings including attached and detached private garages and other accessory buildings shall be 1,000 square feet or ten percent of the lot area, whichever is less." The proposed 783 square foot garage would be the only accessory structure on site and not exceed this standard. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner. a) The existing owner did not construct the dwelling which was built in 1870, nor did the construct the existing attached legal nonconforming garage at the deficient setback of 27-feet. 3. The variance, if granted, will not alter the essential character of the locality. a) Granting the variance to approve the expansion and reconstruction of the proposed garage will not alter the essential character of the neighborhood. While the garage will not be situated behind or behind the house, the overall design is not garage -dominate and the design better integrates the new roof to blend with the overall design. The character of the neighborhood consists of multiple century homes, many of which have garage additions that are situated along side, or just behind the leading edge of the home. According to the Applicant, the design of the proposed garage would be similar in material and color to the existing house and designed to complement the front porch. 4. Economic considerations alone do not constitute practical difficulties. a) The request to increase an attached garage within the front yard setback area in the RB Two -Family Zoning district is not based on economic considerations. RECOMMENDATION Staff recommends that Planning Commission approve the requested increase of a legal nonconforming structure the reconstruction and expansion of an attached, two -car garage with the following conditions: 1. The plans must be substantially similar to those found on file with CD Case No. 2022-63 and as approved by the Heritage Preservation Commission on 9/21/2022. 2. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. The Heritage Preservation Commission approved the design at their September 21, 2022 Meeting. The HPC specifically discussed the need to reduce the width and/or depth of the garage to better comply with the underlying dimensional requirements of City Code, but elected to support the design as presented due to the internal floor plan and depth challenges to accommodate a vehicle in the stall closest to the home. ACTION REQUESTED Motion to adopt the Resolution approving the Variance to Section 31-308(b) to allow for the expansion of a legal nonconforming structure in the front yard setback, at 27-feet from the front property line, based on the above findings and conditions within this report. City of Stillwater Washington County, Minnesota RESOLUTION 2022- VARIANCE REQUEST TO EXPAND A LEGAL NONCONFORMING STRUCTURE TO FACILITATE CONSTRUCTION OF AN ATTACHED GARAGE AT 603 BROADWAY STREET SOUTH WHEREAS, the City of Stillwater received a Variance application from Todd and Anne Anderson ("Property Owner/Applicant") and Imprint Architecture and Design, LLC (Jeremy Imhoff) (Representative) for property located at 603 Broadway St S, legally described on Exhibit A ("the Property") regarding the reconstruction and expansion of a 783 square foot attached garage in RB Two -Family Zoning District; and WHEREAS, the requested variance is for the expansion of an existing nonconforming structure at a 27-foot front yard setback distance in the RB Two -Family district instead of the required 30-feet front yard setback; and WHEREAS, the on September 28, 2022, the Planning Commission for the City of Stillwater considered the variance and held a public hearing and took testimony from the public. NOW, THEREFORE, BE IT RESOLVED, that the City Planning Commission of the City of Stillwater hereby approves the variance for the expansion of a legal nonconforming structure (garage) with a 27-foot front yard setback. The approval of the variance is subject to the following conditions: 1. The plans must be substantially similar to those found on file with CD Case No. 2022-63 and as approved by the Heritage Preservation Commission on 9/21/2022. 2. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. Adopted by the City Planning Commission this 28th day of September, 2022. CITY OF STILLWATER John Dybvig, Planning Commission Chair ATTEST: Tim Gladhill, Community Development Director EXHIBIT A Legal Description of the Applicant's Property The Northerly one-half of Lot 15, all of Lot 16, Block 42, Original Town (now city) of Stillwater, excepting from said lots the Easterly 35 feet thereof, Washington County, Minnesota. AND The West One Hundred Four (W 104) feet of Lot Eleven (11), and the West One Hundred Four (W 104) of the North One-half (N1/2) of Lot Twelve (12), Block Forty-two, Original Town (now City) of Stillwater, Washington County, Minnesota. AND The East Thirty-five (35) feet of Lot Sixteen (16) and the East Thirty-five (35) feet of the North One-half (N 1/2) of Lot Fifteen (15), Block Forty-two (42), Original Town (now City) of Stillwater, Washington County, Minnesota. 2 l' p 1 1 Ir i. `•• ><.. ^; 101Sti11water ; MY Tr; ` •'+ •- ',:r i ,� .� ' u. ti ( brio f. • �+ �- The Birthplace of Minnesota WA� Site Location 603 Broadway St S ri • 1. i 0 25 50 100 Feet • .. •�' ¢ General Site Location AtliIttvt III' v, , a , sue, Te 1. 1' . _. .`i _ III, ,. w l imprint Architecture + Design, Ilc August 26th, 2022 RE: Anderson Garage Review: Variance Application Letter Project Address: 603 South Broadway Street, Stillwater MN This variance application request proposes to demolish and replace an existing attached garage with a new 783 s.f. attached garage and 48 s.f. garden shed partially within the 30'-0" front yard setback established by the Stillwater municipal code for the RB 2-Family Residential District. The existing attached garage is currently built 3'-0" into the front yard setback (27'-0" from the front property line) and the proposal requests to maintain this setback for the new construction. We deem there are practical difficulties that currently prohibit the proposed work noted above and outlined in the proposed plans attached. They are as follows: • The property owners propose to use the land in a reasonable manner for a use permitted in the zone where the land is located as the garage rebuild replaces and improves upon what is already built. While the proposed new build does extend the garage further to the north to within 5'-0" of the north property line, the design proposes to maintain the existing 27'-0" front yard setback already in place which will not have a detrimental impact to the community nor change an existing site condition. To make the proposed improvements without a variance would require the owners to shift the garage to the east an additional 3' -0" • The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner. The existing attached garage was built 3'-0" into the setback (27'-0" from the front property line). If the variance is granted to maintain the existing setback, this will allow the owners to salvage and re -use portions of the existing west wall framing and foundations as part of the new construction. This will help to mitigate costs and limit site disturbance. • If the variance is granted, the proposed work will not alter the character of the neighborhood. In fact, the proposed new garage design will be more complementary to the original character of the home originally built in 1870. This will be accomplished by providing similar detailing including a copper roof eave to match the existing front porch, ornate corbel details, and matching siding & trim work which is currently lacking in the existing attached garage that does not originate from the original construction. Additionally, there is evidence of other properties in the neighborhood of a more recent build that encroach even further into the front yard setback, including the neighboring property immediately to the north at 527 Broadway St. South. Per the A 1.0 Survey provided, the attached garage at 527 Broadway St. South is set 18.4 feet from the front yard setback. Included Attachments: • Variance Application • Anderson Garage Variance Application Drawing Set o A 1.0- Survey o A 1.1 - Proposed Site Plan o A2.0- Existing Main Floor and Roof Plans o A2.1 - Proposed Main Floor and Roof Plans o A3.0 - Existing Elevations o A3.1 - Proposed Garage Elevations We appreciate your consideration of our proposed application and look forward to hearing from you. Sincerely, Jeremy Imhoff, AIA Owner I Principal to I : 651-295-5623 jeremy@imprintarchitecture.com Imprint Architecture and Design, LLC 514 St Croix Ave West Stillwater, MN 55082 LEGAL DESCRIPTION: Lot 19, the West 104 feet of Lot 7, the West 112 feet of Lot 8, the West 104 feet of North Half of Lot 9, and the North half of Lot 18, all in Block 42, CITY of STILLWATER, Washington County, Minnesota. GENERAL NOTES 1. The bearing system used is assumed. 2. The location of the underground utilities shown hereon, if any, are approximate only. PURSUANT TO MSA 216D CONTACT GOPHER STATE ONE CALL AT (612) 454-0002 PRIOR TO ANY EXCAVATION. 3. Site area = 24,923 square feet = 0.572 acres. 4. This survey was made on the ground. 5. No current title work was furnished for the preparation of this survey, legal description, recorded or unrecorded easements and encumbrances are subject to revision upon receipt of current title work. 30 15 0 30 SCALE IN FEET LEGEND ww tn CERTIFICATION: i i Property Corner Concrete Water Gas Sanitary Sewer Storm Sewer Window Well Gas Meter I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that 1 am a duly Registered Land Surveyor under the laws of the State of Minnesota. Date. 3ionuory 1 f_, 241 mas E. Hodorff inn. Reg. No. 236 i 1 1 i i i i i momh 0) 6 </ci L yf 1 ,$.9 28.8 \\\\ EXIS•TING • OE \\ \� \\\ y� 4 v 150.00 r•• 81•22'4? r ----iOUTH uNORTH OF " —�'8LTOF STILLWATER i N 81 254.00 i r z CO / m f 0 tio 01-1 00 ou rn 1)� u rfl 01. SOUTH UNE OF NORTH HALF OF LOT 9, BLOCK 42, CITY OF STILLWATER r, HOUSE DETAILS: 603 SOUTH BROADWAY STREET 2—STORY HOUSE FOOTPRINT AREA = 2,770 SQ. FT. i /11%) 1- 5' .4 45 z 0 5 z4J2E 5„ rylco 0 0 0 .4- LOT CERTIFICATION SURVEY W CC >- O c�nz� ,offQz 0 L.cr 4mW Q�jQ 0 0 § ro co J e 3 Revision History: CAD File: 2.017344,DWG Path: J: \2017344\DWG\ ZONING CODE REQUIREMENTS: - RB TWO-FAMILY DISTRICT PER SEC. 31-308 - GARAGE SIDE YARD SETBACK = 5'-0" - PRINCIPAL DWELLING FRONT YARD SETBACK = 20'-0" - GARAGE FRONT YARD SETBACK = 30'-0" (EXISTING & PROPOSED NEW GARAGE = 27'-0") ALSO SETBACK AT LEAST 10 FEET FROM THE FRONT SET BACK LINE OF THE PRINCIPAL DWELLING (EXISTING & PROPOSED NEW GARAE = 7'-0" FROM FRONT SET BACK LINE. - REAR YARD SETBACK TO HOUSE = 25'-0"; FROM ATTACHED GARAGE = 5'-0" - MAXIMUM LOT COVERAGE FOR BUILDING AND IMPERVIOUS SURFACES = 25% - MAXIMUM BUILDING HEIGHT = 35'-0" MAX. LOT COVERAGE CALCULATION: - TOTAL LOT AREA = 24,923 SF - ALLOWABLE LOT COVERAGE = 24,923 X 25% = 6,231 SF PROPOSED LOT COVERAGE CALCULATIONS: - (E) MAIN HOUSE = 2,329 SF - PROPOSED NEW GARAGE = 783 SF - PROPOSED NEW GARDEN SHED = 48 SF - EXISTING AND NEW ASPHALT DRIVEWAY = 600 SF - PROPOSED NEW GARDEN SHED BRICK PATIO = 96 SF - (E) DECK = 137 SF - (E) BRICK BACKYARD PATIOS, STAIRS, WALWAYS AND STONE SITE WALLS = 1,869 SF - (E) BACKYARD GAZEBO = 170 SF TOTAL PROPOSED LOT COVERAGE: 6,032 SF / 24,923 SF = 24.2% NEW GARAGE GARDEN SHED WALLS, TYP EXISTING GARAGE WALLS TO BE DEMOED D PROPOSED EXISTING AND SET BACK 2 NEW GARA ------------TY LINE FRONT PROPER ZONING) l30'_0 0"" SETBACK LISTED PER EXISTING SIDEWALK fn 03 o 48 SF PROPOSED GARDEN SHED OSHOEDE GARDENBRICK 86-4 AA" FROM PROPERTY LINE 96 SF PR PATIO SINGLE FAMILY RESIDENCE 2,329 S.F. / EXISTING HOUSE - NO WORK EXISTING PORCH AND ROOF ABOVE - NO WORK PROPERTY LINE EXISTING SIDE ENTRY ACCESS TO LOWER LEVEL EXISTING 18 S.F.BRICK PATIO 1,851 S.F. BRICK PAVED PATIO AREAS, WALKWAYS, STAIRS, AND STONE SITE WALLS PROPERTY LINE PROPERTY FINE EXISTING PLANTER BEDS EXISTING GAZEBO 1 SITE PLAN NORTH SCALE: 1 0 i 1 1 6'-0" 32'-0" 514 ST CROIX AVE WEST 1 STILLWATER, MINNESOTA 5 5 0 8 2 1 www.imprintarchitecture.com ph 651 . 440 . 0334 ALL RIGHTS RESERVED. COPYING, REPRODUCTION OR DISTRIBUTION PROHIBITED WITHOUT WRITTEN CONSENT AND PERMISSION FROM IMPRINT ARCHITECTURE AND DESIGN, LLC. COPYRIGHT 2022, IMPRINT ARCHITECTURE AND DESIGN, LLC ANDERSEN GARAGE 603 South Broadway Street, Stillwater, MN 55082 E PLAN DRAWING ISSUE: 08/26/22 - VARIANCE REQUEST AND HPC SUBMISSION becl A1.1 1 1 SOUTH / FRONT ELEVATION 1 r 2 WEST ELEVATION SCALE: 0 4'-0" 8'-0" 514 ST CROIX AVE WEST I STILLWATER , MIN NESOTA 55082 I www.imprintarchitecture.com I ph 651. 440 . 0334 ALL RIGHTS RESERVED. COPYING, REPRODUCTION OR DISTRIBUTION PROHIBITED WITHOUT WRITTEN CONSENT AND PERMISSION FROM IMPRINT ARCHITECTURE AND DESIGN, LLC. COPYRIGHT 2022, IMPRINT ARCHITECTURE AND DESIGN, LLC ANDERSEN GARAGE 603 South Broadway Street, Stillwater, MN 55082 EXISTING ELEVATIONS DRAWING ISSUE: 08/26/22 - VARIANCE REQUEST AND HPC SUBMISSION becl A3.0 (N) ASPHALT ROOF ASSEMBLY TO MATCH EXISTING HOUSE (N) 2'-8" x 7'-0" EXTERIOR DOOR W/ TRANSOM (N) DOUBLE 2'-6" x 7'-0" EXTERIOR DOORS TO GARDEN SHED NEW COPPER METAL ROOF EAVE AND PARAPET ASSEMBLY, MATCH AND TIE INTO ENTRY ROOF PAIRED PAINTED WD CORBELS TO MATCH PROFILE OF ENTRY PORCH PAINTED TRIM BOARD, ALIGN WITH AND MATCH B.O. ENTRYWAY BEAMS TOW NEW 8'-0" x 9'-0" GARAGE DOORS W/ LITES AT UPPER PANEL NEW PAINTED HORIZ. LAP SIDING TO MATCH EXISTING v , Ay,. der Z't ,T, ipz , v a v �i/ Z i SW iiiiiiiiiiirvvii.� �i® i®i®/ tea ®i A 1Z‘ i 12 12 NEW COPPER METAL ROOF EAVE AND PARAPET ASSEMBLY, MATCH AND TIE INTO ENTRY ROOF 9'-0" GARAGE DOOR PAIRED PAINTED WD CORBELS TO MATCH PROFILE OF ENTRY PORCH PAINTED TRIM BOARD, ALIGN WITH AND MATCH B.O. ENTRYWAY BEAMS NEW PAINTED HORIZ. LAP SIDING TO MATCH EXISTING 3 PARTIAL EAST ELEVATION 9'-0" GARAGE DOOR A i„ ®®®®®®®®poi//i i • EXISTING MAIN HOUSE AND ENTRY PORCH, NO WORK / II ®;i - ®A 0517® _ Sri; fr Jj ,,' r-L ri: %/ff-/A erW r Ft op _. - . 7 v n z Zi A ffr nA , A 0 el ..2 /,r 4 '3,A ,m '1 Az km. 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COPYRIGHT 2022, IMPRINT ARCHITECTURE AND DESIGN, LLC ANDERSEN GARAGE 603 South Broadway Street, Stillwater, MN 55082 PROPOSED GARAGE ELEVATIONS DRAWING ISSUE: 08/26/22 - VARIANCE REQUEST AND HPC SUBMISSION becl A3.1 0 4'-0" 8'-0" liwater F r HimrHo_Ai E or MINNFSO!n DATE: September 28, 2022 TO: Honorable Chair and Planning Commissioners FROM: Yasmine Robinson, Planning Manager SUBJECT: Case No. 2022-65, Variance Request to increase the amount of impervious surface and facilitate construction of a garage at 1218 6th Avenue BACKGROUND The Applicants, Doug and Lueann Hinderaker are seeking a variance from the Planning Commission to increase the amount of impervious surface allowed in the RB — Two Family Zoning District. If approved, the proposed action would facilitate the construction of a 660 square foot, detached, two -car garage. The project area is located at 1218 6th Avenue South (PID # 3303020140008) and is bounded to the north by Burlington Street East, Marsh Street East to the south, 1st Street to the east and has frontage on 6th Avenue. The project site has a lot area of 6,715 square feet and contains a two-story, 1,942 square foot single-family house built in 1870. ANALYSIS The RB Two -Family Zoning District allows a single-family home 25% maximum lot coverage for buildings and 25% maximum lot coverage for impervious surfaces (driveways, walkways, etc.). Currently, the project site is at approximately 23% (1,532 square feet) coverage for buildings, and 16% (1,025 square feet) coverage for impervious surfaces. The proposed action seeks to allow the construction of a 660 square foot, detached, two -car garage located behind the house. The addition of the proposed garage would increase the lot coverage for buildings to approximately 32% (2,192 square feet), an increase of about 9% (approximately 513 square feet). Because the impervious surface coverage requested by the Applicants exceeds the 25% threshold, a variance is required. Minnesota State Statute Chapter 462.357 requires that cities consider the following standards when considering a Variance. This is also known as the `practical difficulty' test. • The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. • The plight of the landowner is due to circumstances unique to the property not created by the landowner. • The variance, if granted, will not alter the essential character of the locality. • Economic considerations alone do not constitute practical difficulties. FINDINGS: Variance to the Required Rear Yard Setback: 1. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. a) The proposed construction of a detached, two -car garage in the RB Two - Family district is a reasonable use and is consistent with development within the district and surrounding neighborhood. The Applicant does not currently have a garage on the property. b) Zoning Code Section 31-308(a)(3) further regulates accessory structures in the RB Two -Family district, describing that, "The maximum lot coverage of all accessory buildings including attached and detached private garages and other accessory buildings shall be 1,000 square feet or ten percent of the lot area, whichever is less." The proposed 660 square foot garage would constitute approximately 9% lot coverage, and would comply with this provision. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner. a) The existing owner did not plat the current lot, as the home was built in 1870. Modern lot size standards in the RB Two -Family district require 7,500 square feet for a single-family home. The existing lot size is 6,715 square feet. 3. The variance, if granted, will not alter the essential character of the locality. a) Granting the variance to approve the construction of the proposed garage will not alter the essential character of the neighborhood. The garage will be mostly situated behind the house, obscuring it from full view. According to the Applicant, the design of the proposed garage would be identical in material and color to the existing house and would be used for vehicular and home maintenance equipment storage. 4. Economic considerations alone do not constitute practical difficulties. a) The request to increase the amount of impervious surface allowed in the RB Two -Family Zoning district and construction of a detached, two -car garage is not based on economic considerations. RECOMMENDATION Staff recommends that Planning Commission approve the requested variance to increase to the impervious surface by 513 square feet for the construction of a detached, two -car garage with the following conditions: 1. Plans shall be substantially similar to those found on file with CD Case No. 2022- 65. 2. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. ACTION REQUESTED Motion to adopt the Resolution approving the Variance to Section 31-308(b) to increase the amount of allowable impervious lot coverage by 513 square feet, based on the above findings and conditions within this report. City of Stillwater Washington County, Minnesota RESOLUTION 2022- VARIANCE REQUEST TO INCREASE THE AMOUNT OF IMPERVIOUS SURFACE TO FACILITATE CONSTRUCTION OF A GARAGE AT 1218 6TH AVENUE WHEREAS, the City of Stillwater received a Variance application from Doug and Lueann Hinderaker ("Applicants"), 1218 6th Avenue South, legally described in Exhibit A (the "Property") regarding the construction of a 660 square foot garage; and WHEREAS, the requested variance is for a 513 square foot increase to the 25% impervious lot coverage provision of the RB Two -Family district; and WHEREAS, the on September 28, 2022, the Planning Commission for the City of Stillwater considered the variance and held a public hearing and took testimony from the public. NOW, THEREFORE, BE IT RESOLVED, that the City Planning Commission of the City of Stillwater hereby approves the variance for 513 square feet. The approval of the variance is subject to the following conditions: 1. Plans shall be substantially similar to those found on file with CD Case No. 2022- 65. 2. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. Adopted by the City Planning Commission this 28th day of September, 2022. CITY OF STILLWATER John Dybvig, Planning Commission Chair ATTEST: Tim Gladhill, Community Development Director EXHIBIT A Legal Description of the Applicant's Property Lot Ten (10) of Block One (1) of Churchill and Nelson's Second Addition to Stillwater, Washington County, Minnesota 2 0_ �., ,,.• lWater - •� !1- ice. s (n � : t . .r _ `, / r. ©� b d -... a.. The Birthplace of Minnesota W IV/� E 7„ i �., d ��. et Site Location a J _ , r r • • - 1218 6th Ave S 0 15 30 60 Feet • i s General Site Location �• T , • • ' .11°‘ • , r_ = Mil` -�� . �b �I, ,♦r*Lt L -- • 6.I �► . etI i J , ? t • / 7 lTe • .EJ k.. t4 . "II• .� LeIiit .-VilruiIll.ni_Llfl� • s 11 ., - s 1 I . a Doug & Lueann Hinderaker 1218 6th Ave South Stillwater, MN 55082 651-357-5725 Stillwater Planning Department Request For A Variance Dear Stillwater Planning Department, We hope to build a two -car garage on our property. Our property appears to have never had a garage. Unfortunately, building a garage would put us out of compliance with the 25% ratio of impervious surface to total lot size. Our house, which is of average size, takes up most of the allowed 25%. The structure we hope to build would comply with the 10% ratio relating to detached buildings and total lot size. The garage would sit at the back of the lot somewhat out of view, which is commonplace in the neighborhood. The design would mirror our house with the same siding, shingles, and trim. A garage would put us in harmony with the neighborhood since most everyone has a garage. It would tidy our property since we could store our vehicles, lawn equipment, etc. inside the garage. Regarding the "practical difficulties" that compel us to seek this variance: • The garage would be used for normal activities, not as an alternate dwelling or for business purposes, etc. • The need for this variance was not created by us. We haven't built an addition to the house. (We have replaced a dilapidated porch with one of a similar footprint that fits the style of neighborhood better.) • The variance, if granted, would not alter the character of the neighborhood because garages are the standard in the neighborhood. Our property currently is a bit "out of character" since we don't have a garage. Sincerely, Doug and Lueann Hinderaker 0 y}nog ane y�g • Existing House 0 y D . .0.09 ► • 0 N • ■: 0 • • 4 0.09 A. W 0 N N 0 (V 00 00 SHEET NO. 0 W 0 W 0 L CO L • O to ' Lr) p-92 • Q to crs 06 co C W ) River Rock LLC Estimated Lot Coverage Calculation Worksheet Date: 8/23/2022 Prepared By: Ben Gutknecht Address: Zoning District/Overlay District: RB (NCD Overlay) Lot Size= 6715 Maximum Coverage Allowed Structural Other Total %=25 S.F. = 1678.75 %=25 S.F. = 1678.8 %=50 S.F. = 3357.5 House: 1200 Addition(s): Porch/Deck(s): 128 204 Garage: Other: Total: 1532 Walkway: 45 Driveway: 980 Patio: Other: Total: 1025 Structural: 1532 Other Impervious: 1025 Total on Site: 2557 Additional Coverages Permitted Structural Other Total 146.75 653.75 800.5 Notes Setbacks Proposed 660 sqft. Garage *Estimating Coverage: Estimates are based on Washington County Assessors data, aerial https://www.google.com/maps/place/ 1218+6th+Ave+S,+Stillwater,+MN+55082/@45.0450... 1218 6th Ave S - Google Maps 1218 6th Ave S • 0) Imagery ©2022 Google, Map data ©2022 8/26/2022. 10:30 AM Burlington St E Burlington St E Burlington St E Burlington St E Burlington St E Burlington St E 0) 0 . n 6th Ave S 6th Ave S 1st St S 2nd St S 1s1 StS 2nd St 5 55 i 55 55 6th Ave S W 1stStS 0) 2nd St S 2 Map data ©2022 3rd StS C] 3rd F. 8/8/22, 9:11 AM Date: 8/08/2022 - 9:11 AM Design ID: 312954354599 Estimated Price: $11,906.62 *Today's estimated price. Future pricing may go up or down. Tax, labor, and delivery not included. Garage E ARDS Design & Buy - GARAGE How to recall and purchase your design at home: OR 1. On Menards.com, enter "Design & Buy" in the search bar 2. Select the Garage Designer 3. Recall your design by entering Design ID: 312954354599 4. Follow the on -screen purchasing instructions How to purchase your design at the store: 1. Enter Design ID: 312954354599 at the Design -It Center Kiosk in the Building Materials Department 2. Follow the on -screen purchasing instructions Floor type;concrete, dirt, gravel) is NOT included En estimated price. The lions type is used In the calculation of materials needed. Labor. foundation. steel beams, paint. electrica}, heating. plumbing, and delivery are also NOT included in estimated price. This is an estimate. It is only far general price information. This is not on offer and there can be no legally binding contract between the parties based on this estimate. The prices stated herein are subject to change depending upon the market conditions. The prices stated on this estimate are not firm for any time period unless specifically written otherwise on this form. The availability of materials is subject to inventory conditions. MENARDS IS NOT RESPONSIBLE FOR ANY LOSS INCURRED BY THE GUEST WHO RELIES ON PRICES SET FORTH HEREIN OR ON THE AVAILABILITY OF ANY MATERIALS STATED HEREIN All information on this form, other than price, has been provided by the guest and Menards is not responsible for any errors in the information on this estimate, including but not limited to quantity, dimension and quality Please examine this estimate carefully. MENARDS MAKES NO REPRESENTATIONS, ORAL, WRITTEN OR OTHERWISE THAT THE MATERIALS LISTED ARE SUITABLE FOR ANY PURPOSE BEING CONSIDERED BY THE GUEST. BECAUSE OF WIDE VARIATIONS IN CODES, THERE ARE NO REPRESENTATIONS THAT THE MATERIALS LISTED HEREIN MEET YOUR CODE REQUIREMENTS. THE PLANS AND/OR DESIGNS PROVIDED ARE NOT ENGINEERED. LOCAL CODE OR ZONING REGULATIONS MAY REQUIRE SUCH STRUCTURES TO BE PROFESSIONALLY ENGINEERED AND CERTIFIED PRIOR TO CONSTRUCTION. For other design systems search "Design & Buy" on Menards.com 8/8/22, 9:11 AM Garage Date: 8/08/2022 - 9:11 AM Design ID: 312954354599 Estimated Price: $11,906.62 *Today's estimated price. Future pricing may go up or down. Tax, labor, and delivery not included. En8wall A EnmwaII s 18' [ 3'-1 1'I For other design systems search "Design & Buy on Menards.com 22' 4 4 ME ARDS Design&Buy- GARAGE 2/11 8/8/22, 9:11 AM Date: 8/08/2022 - 9:11 AM Design ID: 312954354599 Estimated Price: $11,906.62 *Today's estimated price. Future pricing may go up or down. Tax, labor, and delivery not included. For other design systems search "Design & Buy" on Menards.com Garage Gam' Design & Buy - GARAGE 3/11 8/8/22, 9:11 AM Garage For other design systems search "Design & Buy" on Menards.com 4/11 8/8/22, 9:11 AM Garage Date: 8/08/2022 - 9:11 AM Design ID: 312954354599 Estimated Price: $11,906.62 *Today's estimated price. Future pricing may go up or down. Tax, labor, and delivery not included. Dimensions Wall Configurations *Illustration may not depict all options selected. a 3 ENDWALL B Mastercraft® Internal Blind 36"W x 80"H Primed Steel Full Lite For other design systems search "Design & Buy" on Menards.com M. ARDS Design&Buy- GARAGE 4' 46 SIDEWALL D Ideal Door® 3-Star 16' x 7' White Standard Value Non -insulated 48"W x 48"H JELD-WEN® Vinyl Slider 5/11 8/8/22, 9:11 AM Garage Date: 8/08/2022 - 9:11 AM Design ID: 312954354599 Estimated Price: $11,906.62 *Today's estimated price. Future pricing may go up or down. Tax, labor, and delivery not included. 30 MEN' • RDS Design & Buy - GARAGE 22 SIDEWALL C ENDWALL A *Some items like wainscot, gutter, gable accents, are not displayed if selected. For other design systems search "Design & Buy" on Menards.com 6/11 lih1water ' H E B I R T H P L A C k OP YINCA DATE: September 28, 2022 TO: Honorable Chair and Planning Commissioners FROM: Ben Gutknecht, Assistant City Planner SUBJECT: Case No. 2022-67, Variance Request to increase the amount of impervious surface and facilitate construction of a deck at 3625 Summit Ln BACKGROUND The Applicant, Dan Larson is seeking a variance from the Planning Commission to increase the amount of impervious surface allowed in the RB — Two Family Zoning District. If approved, the proposed action would facilitate the construction of a 256 square foot deck. The project area is located at 3625 Summit Ln (PID # 1903020320060) and has frontage on Summit Ln, single-family residential dwelling to the north, east, and west with condominiums to the south. The project site has a lot area of 8,472 square feet and contains a two-story, 1,898 square foot single-family house built in 2019. ANALYSIS The RB Two -Family Zoning District allows a single-family home 25% maximum lot coverage for buildings and 25% maximum lot coverage for impervious surfaces (driveways, walkways, etc.). Currently, the project site is at approximately 23% (1,978 square feet) coverage for buildings, and 9.7% (821 square feet) coverage for impervious surfaces. Additionally, Brown's Creek has outlined that the stormwater management system designed for Rutherford Station 2nd Station (the Development) was designed with the assumption that each lot would accommodate approximately 31 % impervious. The proposed action seeks to allow the construction of a 256 square foot, deck located behind the house. The addition of the deck would increase the lot coverage for buildings to approximately 26% (2,234 square feet), and increase of approximately 3%. Because the impervious surface coverage requested by the Applicant exceeds the 25% threshold regulated by City Code, a variance is required. Minnesota State Statute Chapter 462.357 requires that cities consider the following standards when considering a Variance. This is also known as the `practical difficulty' test. • The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. • The plight of the landowner is due to circumstances unique to the property not created by the landowner. • The variance, if granted, will not alter the essential character of the locality. • Economic considerations alone do not constitute practical difficulties. FINDINGS: Variance to the Required Impervious Surface Percent: 1. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. a) The proposed construction of a deck in the RB Two -Family district is a reasonable use and is consistent with development within the district and surrounding neighborhood. b) Zoning Code Section 31-308(b) regulates that impervious surfaces in the RB Two -Family district consist of 25% of the lot area may be structural impervious coverage and 25% of the lot area may be impervious coverage for a total of 50% (4,236 square feet) of the lot consisting of impervious surface. This proposal brings the total impervious surface to approximately 36% (3,055 square feet) which continues to comply with the provision of 50% impervious overall. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner. a) The existing single-family dwelling was constructed in 2019, just meeting standards for impervious. While, the dwelling was constructed with a deck door, no deck was proposed at the time. b) The existing owner did not construct the new dwelling, nor did they install the existing deck door. 3. The variance, if granted, will not alter the essential character of the locality. a) Granting the variance to approve the construction of the proposed deck will not alter the essential character of the neighborhood. The deck will be situated behind the house, obscuring it from full view. Further, adjacent and multiple properties in the neighborhood have decks as well. 4. Economic considerations alone do not constitute practical difficulties. a) The request to increase the amount of impervious surface allowed in the RB Two -Family Zoning district and construction of deck is not based on economic considerations. RECOMMENDATION Staff recommends that Planning Commission approve the requested variance to increase to the impervious surface by 116 square feet for the construction deck with the following conditions: 1. Plans shall be substantially similar to those found on file with CD Case No. 2022- 67. 2. The applicant shall comply with recommendations made by the Browns Creek Watershed District to mitigate the additional impervious surface added to the Property to ensure the stormwater system continues to function at the assumed 31 % impervious for the lot. 3. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. ACTION REQUESTED Motion to adopt the Resolution approving the Variance to Section 31-308(b) to increase the amount of allowable impervious lot coverage by 116 square feet, based on the above findings and conditions within this report. City of Stillwater Washington County, Minnesota RESOLUTION 2022- VARIANCE REQUEST TO INCREASE THE AMOUNT OF IMPERVIOUS SURFACE TO FACILITATE CONSTRUCTION OF A DECK AT 3625 SUMMIT LANE WHEREAS, the City of Stillwater received a Variance application from Dan Larson ("Applicant"), located at 3625 Summit Lane, legally described as in Exhibit A (the "Property"), regarding the construction of a 256 square foot deck; and WHEREAS, the requested variance is for a 256 square foot increase to the 25% impervious lot coverage provision of the RB Two -Family district; and WHEREAS, the on September 28, 2022, the Planning Commission for the City of Stillwater considered the variance and held a public hearing and took testimony from the public. NOW, THEREFORE, BE IT RESOLVED, that the City Planning Commission of the City of Stillwater hereby approves the variance for 256 square feet. The approval of the variance is subject to the following conditions: 1. Plans shall be substantially similar to those found on file with CD Case No. 2022-67. 2. The applicant shall comply with recommendations made by the Browns Creek Watershed District to mitigate the additional impervious surface added to the Property to ensure the stormwater system continues to function at the assumed 31 impervious for the lot. 3. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. Adopted by the City Planning Commission this 28th day of September, 2022. CITY OF STILLWATER John Dybvig, Planning Commission Chair ATTEST: Tim Gladhill, Community Development Director EXHIBIT A Legal Description of the Applicant's Property Lot 10, Block 1, Rutherford Station Second Addition, Washington County, Minnesota. 2 The Birthplace of Minnesota IgXeg FA) rill IT.,r� SUMMIT LANE`' N69 27'24'w pe.00 Y7Q' 920.7 gBCta 4723 Via_- yam. -'uin% C920,5) ■ Q' gg 3 NC?r14(ARK % R71.R^ CU 141 m 0) (923.7) Ittela Crvt 0 Z o4 7.62 OC(KRe3 5I ::-Gpnscd. ,.85 J 51 10_ LE-ilA ARK x _.. l L- e ail 4 —r� •' i . 7 4,R.7 H 4.9.1 I ri S MD x€ 19.1 41gs o7n.x r�7 a,Rs (e19.a) 112Q.40 Ci iENCE13MARK 231.2 (121.5) co (as' A (923.ue. I 4trs------- ; / — { I a�� R71 Propm9S: 014.4 FIULISC 9' F,13. . 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ROMP Electrical sCruic[i Iile5 irv-r or LertI:In 3' hQrizQfja Ly c4 the deck t,3r stairs mast hnvr, a rrirr€irruir ID' ver:rt,.I3 ct2ar.nCb. .rirr'VP any cuts in Xt (IX fans! ' JOIST DECKING See Joi4r t o or ;xs s ;_ span «arn LEDGER Sirne size a.• t�= fr I lr lag 1pet-to/rote mininztrn ina} rum pia o' mg studs. (11 oirrarrn two w lag sca-vm ernary 151 NOTE ,.fir• horraers most canear size rorjkaiet slxc ixr;d_ BUILDING — GRADE St0vhM+. L,64-00 Jxi P_h L. L�4 Estimated Lot Coverage Calculation Worksheet Date: 9/7/2022 Prepared By: Ben Gutknecht Address: 3625 Summit Ln Zoning District/Overlay District: RB Lot Size= 8472 Maximum Coverage Allowed Structural Other Total % = 25 S.F. = 2118 % = 25 S.F. = 2118 % - 50 S.F. = 4236 House: 1898 Addition(s): Porch/Deck(s): 80 Proposed Deck 256 Garage: Other: Total: 2234 Walkway: 80 ❑riveway: 741 Patio: Other: Total: 821 Structural: 2234 Other Impervious: 821 Total on Site: 3055 Additional Coverages Permitted Structural Other Total 116 1297 1181 • Notes Setbacks: Front - 20' Side - total of both sides must equal 15' with min. of 5' per side Rear - 25' Proposed Setbacks: Proposed 256 sqft. deck Proposed deck is not compliant with Front —90' East Side — 21' West Side'" 24' Rear — 30' required 25% impervious surface. Proposed deck is compliant with setbacks *Estimating Coverage: Estimates are based on Washington County Assessors data, aerial I11war THE BIRTHPLACE OF MINNESOTA DATE: August 24, 2022 TO: Honorable Chair and Planning Commissioners FROM: Tim Gladhill, Community Development Director SUBJECT: Case No. 2022-57 - Accessory Structure Ordinance BACKGROUND Over the past year or two (2), the Planning Commission has discussed several amendments to the City's Accessory Structure Regulations. Earlier in 2022, the City Council reviewed the recommendations of the Planning Commission and generally concurred. Below are some highlights of proposed policy changes. • Allow offices and recreation rooms in upper half -story of accessory structures, similar to accessory dwelling units (already allowed) o Primarily for personal, home office uses o Cannot be used for commercial use unless in accordance with Home Occupation regulations • Not intended to allow customers on site • Not intended to allow any manufacturing • Remove conflicting language regarding Accessory Dwelling Units in upper (half story) level of detached garages o Accessory Dwelling Rules state that Accessory Dwellings must be in upper level of garage (within certain parameters); meanwhile, the underlying Zoning District states that livable space cannot be in upper level of detached garage • Amend height limits to be measured by height, not number of stories • Increase the square footage allowed on larger lots • Prohibit temporary membrane structures/car ports The City Council also discussed an increase of proposed `non-traditional' accessory buildings, especially the use of shipping/cargo containers. There are a number of companies that rehab cargo containers into fully functioning accessory structures with high -quality design. At this time, the City Council was not prepared to open up design standards to allow these types of structures on a long-term basis, but did talk about allowing on a temporary basis (for moving, short-term storage, etc.). Additionally, as additional research and experience is discovered, the City could re-evaluate this at a future date. Note — this current Ordinance does not contemplate regulations (allowance) for temporary use of cargo or shipping containers. This also can be discussed at a future date. ACTION REQUESTED Motion to recommend that the City Council adopt the Accessory Structure Ordinance. City of Stillwater Washington County, Minnesota ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE CHAPTER 31, SECTION 31-315 AND SECTION 31-325 REGARDING SHORT TERM HOME RENTAL LICENSE LOCATIONS The City Council of the City of Stillwater does ordain: SECTION 1 AMENDMENT. Chapter 31, Article III, Division 2, Section 31-304 of the City Code, CTR cove traditional residential district, is hereby amended as follows (additions indicated as underlines, deletions indicated as strikethrough): Sec. 31-304. CTR cove traditional residential district. CTR cove traditional residential districts shall be regulated as follows: (a) Allowable uses. See Table in Section 31-315 for the allowable uses within this district. (b) Accessory uses and structures. One detached garage subject to the three conditions below, or one accessory dwelling subject to regulations in Section 31.501, Subd. 2. (1) Detached accessory structures may not have window openings facing the rear property line. (2) Detached accessory structures located on corner lots must have the garage doors turned away from the side street. (3) If there are two garages on site, at least one garage must not face the street or streets if a corner lot. (c) Massing regulations. 1) Minimum standards.' Lot area 14,000 square feet Lot width (at building setback line) 80 feet Lot width on cul-de-sac (at front lot line) 40 feet Front yard setback 25 feet2 Front setback for garage See footnote 2 on this page Side yard setback Interior 7.5 feet Corner 20 feet Rear yard 25 feet Building height 2 stories, not to exceed 35 feet Driveway width, maximum (at front lot line) 14 feet (2) Additional setback standards.3 Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet McKusick Road (Neal Ave. to Co Rd. 15) 100 feet (Supp. No. 88) Created: 2022-07-11 12:01:06 [EST] Page 1 of 9 County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 75 feet 1A11 standards are minimum requirements unless otherwise noted. 2 Garages must be set back at least six feet behind the front wall of the house or porch. Except that on 40 perccnt of thc lots, garages may bc placed in front of thc six foot setback. For thc 40 perccnt garage in front of the. cix foot setback, front facing garages can bc no more than two feet in front of thc front wall of thc house or consideration of four side architecture. 3 Measured from right-of-way line. SECTION 2 AMENDMENT. Chapter 31, Article III, Division 2, Section 31-306 of the City Code, TR traditional residential district, is hereby amended as follows (additions indicated as underlines, deletions indicated as strikethrough): Sec. 31-306. TR traditional residential district. TR Traditional residential districts shall be regulated as follows: (a) Allowable uses. (1) See Table in Section 31-315 for the allowable uses within the TR district. (2) Accessory uses. In the TR district uses and buildings incidental to permitted or special permitted uses shall be subject to the following regulations: i. One accessory structure may be located on a residential lot. ii. Uses may include one or more of the following: a. Accessory dwelling unit, 500 square feet maximum; b. Accessory dwelling and one enclosed structure parking space (720 square feet maximum) c. Home office; and/or d. Storage. iii. Maximum size of a detached accessory structure is: a. 500 square feet, one story use of loft area is allowed; or b. 720 square feet (when grade level used as only garage, i.e., no garage attached to primary structure), 20 feet maximum building height. iv. A detached accessory structure must abide by the following setbacks: Side yard, 5 feet Rear yard, 10 feet v. The application requires design review for consistency with the primary unit in design, detailing and materials. vi. Detached accessory structures shall not have window openings facing the rear property line. vii. Detached accessory structures located on corner lots shall have the garage doors turned away from the side street. (Supp. No. 88) Created: 2022-07-11 12:01:06 [EST] Page 2 of 9 viii. If there are two garages on site, a minimum of one garage shall not face the street or streets if a corner lot. (b) Massing regulations. 1) Minimum standards.' Average lot area (when part of a PUD) 10,000 square feet Lot width 65 feet Lot depth NA Front yard setback House 20 feet Garage (front facing)2 27 feet Garage (side facing) 20 feet Side yard setback Interior House 10 feet Garage 5 feet, 3 feet if in rear yard Corner House 15 feet Garage 20 feet Rear yard setback House 25 feet Garage 3 feet Frontage requirement' 35 feet Maximum garage area 1,000 square feet Height Main building/accessory building 2%z stories, not to cxcccd 35 feet maximum Garages, accessory building 1 story, not to exceed 20 feet maximum 2) Additional setback standards.4 Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet McKusick Road (Neal Ave. to Co Rd. 15) 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 75 feet (c) Design review. Design review is required for accessory dwelling units or duplex developments subject to traditional development design standards. 'All standards are minimum requirements unless otherwise noted. 2-Seventy five percent of front facing garages must have the garage setback at least six fcct from the front wall or porch Zinc of house. House and garage setbacks arc strongly encouraged to meet special design guideline:, for variety of garage types and locations (front loaded, side loaded and' Feces d) and front and' cxtcrior siel house elevations. (Supp. No. 88) Created: 2022-07-11 12:01:06 [EST] Page 3 of 9 'Where two or more adjacent lots do not meet street frontage requirements, the driveways must be combined. 4 Measured from right-of-way line. SECTION 3 AMENDMENT. Chapter 31, Article III, Division 2, Section 31-308 of the City Code, RB two-family district, is hereby amended as follows (additions indicated as underlines, deletions indicated as ctrikcthrough): Sec. 31-308. RB two-family district. RB-two-family districts shall be regulated as follows: (a) Allowable uses. (1) See Table in Section 31-315 for the allowable uses within this district. (2) In addition to, and not in lieu of other official controls, all buildings and uses hereafter proposed for construction, whether on existing vacant parcels or parcels being vacated because of demolition or destruction of an existing structure, are subject to the standards, regulations and provisions of the Neighborhood Conservation District. (See City Code Ch. 22, Section 22-7, Subd. 5(7)—Heritage preservation commission, additional duties). (3) Accessory uses. In the RB district uses and buildings incidental to permitted or special permitted uses shall be subject to the following regulations: i. The maximum lot coverage of all accessory buildings including attached and detached private garages and other accessory buildings shall be 1,000 square feet or ten percent of the lot area, whichever is less. ii. The total ground coverage of the accessory buildings shall not exceed the ground coverage of the principal building. iii. No more than two accessory buildings (one private garage and one other accessory building 120 square feet maximum) shall be located on a residential premises. iv. The upper level of a detached accessory building may include an accessory dwelling (in accordance with Sec. 31-501 of this chapter), storage, home office or recreation room. The lower level of Amman accessory building shall not be designed or used for human habitation, business or industrial accessory use. (b) Massing regulations. 11 Minimum standards.' Single-family Two-family Lot area 7,500 square feet 10,000 square feet Lot width 50 feet2 75 feet Lot depth 100 feet 100 feet Front yard setback Main building 20 feet 20 feet Garage Detached or attached: A minimum of 30 feet and set Detached or attached: A minimum of 30 feet and set (Supp. No. 88) Created: 2022-07-11 12:01:06 [EST] Page 4 of 9 back at least 10 feet from the front set back line of the principal dwelling. back at least 10 feet from the front set back line of the principal dwelling. Side yard setback Interior Main building The total of both side yards must equal 15 feet with at least five feet on each side. The total of both side yards must equal 15 feet with at least five feet on each side. Garage Attached: 5 feet Detached in the rear yard: 3 feet Attached: 5 feet Detached in the rear yard: 3 feet Exterior (corner side) Main building 20 feet, 5 feet on interior side 20 feet, 5 feet on interior side Garage Detached or attached: A minimum of 30 feet and set back at least 10 feet from the front set back line of the principal dwelling. Detached or attached: A minimum of 30 feet and set back at least 10 feet from the front set back line of the principal dwelling. Rear yard setback Main building 25 feet 25 feet Garage Attached: 5 feet Detached in the rear yard: 3 feet Attached: 5 feet Detached in the rear yard: 3 feet Frontage requirement 35 feet on improved public street 35 feet on improved public street Maximum lot coverage Buildings 25 percent 25 percent Impervious surfaces 25 percent 25 percent Height Main building3 35 feet maximum 35 feet maximum Accessory building3 1 story, not to exceed 20 feet maximum 1 to 20 feet story, not exceed maximum 2) Additional setback standards.4 Trunk Highway 96 (Stonebridge Trail to Co Rd. 15) 100 feet McKusick Road (Neal Ave. to Co Rd. 15) 100 feet County Rd. 12 (Northland Ave. to Co Rd. 15) 100 feet County Rd. 15 (Trunk Highway 36 to Trunk Highway 96) 100 feet Railroad 75 feet 'All standards are minimum requirements unless otherwise noted. (Supp. No. 88) Created: 2022-07-11 12:01:06 [EST] Page 5 of 9 2 For new corner lots created in the district, the lot width must be a minimum of 70 feet. 3 Height limitations for parcels within the RB two family district that arc also subject to the CBDR Riverside overlay district (section 31 403) shall be a maximum of 1.5 stories, but not to exceed 20 feet m asured from front street Icvcl. 4 Measured from right-of-way line. SECTION 4 AMENDMENT. Chapter 31, Article V, Division 1, Section 31-501 of the City Code, Accessory dwellings, is hereby amended as follows (additions indicated as underlines, deletions indicated as strikethrough): Sec. 31-501. Accessory dwellings. Subd. 1. In TR districts. (a) Accessory dwellings are permitted in the TR districts subject to the following regulations: (1) Lot size must be at least 10,000 square feet; (2) May be located within or attached to the primary structure, or within an accessory structure (detached from the primary structure); (3) Off-street parking requirements for an accessory unit and single family residence must be provided; Four off-street parking spaces, three shall be enclosed; All four spaces must be provided within the setback boundaries of the property; (4) A detached accessory dwelling must be located in the rear yard of the primary residence; (5) Detached accessory dwelling units shall not have roof dormers that face the nearest residential lot side yard property line; (6) Detached accessory structure will not result in the loss of significant trees or require major site alteration. Subd. 2. In CTR districts: (a) An accessory dwelling unit is a specially permitted use in the CTR districts subject to the following regulations: (1) Lot size on which an accessory dwelling is located must be at least 15,000 square feet; (2) Accessory dwellings may be located within or attached to the primary structure, or within an accessory structure (detached from the primary structure); (3) Off-street parking requirements for an accessory unit and a single-family residence must be provided: Four off-street parking spaces, three must be enclosed. All four spaces must be provided within the setback boundaries of the property; (4) A detached accessory dwelling must be located in the rear yard of the primary residence; (5) Detached accessory dwelling units may not have roof dormers that face the nearest residential lot side yard property line; (Supp. No. 88) Created: 2022-07-11 12:01:06 [EST] Page 6 of 9 (6) Detached accessory structure must not result in the loss of significant trees or require major site alteration; (7) Only one detached accessory structure may be located on a residential lot. (8) Detached accessory uses may include one or more of the following: i. Accessory dwelling unit; ii. Accessory dwelling and one enclosed structure parking space; iii. Home office; iv. Storage. v. Recreation room (9) Maximum size of a detached accessory structure is: i. 500 square feet, one story use of loft area is allowed; or ii. 720 square feet (when grade level used as only garage, i.e., no garage attached to primary structure), 20 feet maximum building height. (10) A detached accessory structure must abide by the following setbacks: Side yard 5 feet Rear yard 10 feet (11) An accessory use requires design review for consistency with the primary unit in design, detailing and materials. (12) Detached accessory structures may not have window openings facing the rear property line. (13) Detached accessory structures located on corner lots must have the garage doors turned away from the side street. (14) If there are two garages on site, at least one garage must not face the street or streets if a corner lot. Subd. 3. In RB districts. (a) An accessory dwelling unit is a specially permitted use in the RB district subject to the following regulations: (1) Lot size must be at least 10,000 square feet; (2) The accessory dwelling unit may be located on second floor above the garage; {3) The accessory dwelling unit must abide by the primary structure setbacks for side anrd rear setbacks• e (4) The accessory dwelling unit must be located in the rear yard of the primary residence or be set back from the front of the lot beyond the midpoint of the primary residence; (5) Off-street parking requirements for an apartment and single-family residence (four spaces) must be provided; (6) Maximum size of the accessory dwelling unit is 800 square feet; (7) The application requires design review for consistency with the primary unit in design, detailing and materials; (8) The height may not exceed that of the primary residence; and (9) Both the primary and accessory dwelling unit must be connected to municipal sewer and water services and be located on an improved public street. (10) Maximum size of garage is 800 square feet. (Supp. No. 88) Created: 2022-07-11 12:01:06 [EST] Page 7 of 9 SECTION 5 AMENDMENT. Chapter 31, Article V, Division 1, Section 31-501 of the City Code, Accessory dwellings, is hereby amended as follows (additions indicated as underlines, deletions indicated as ctrikcthrough): Sec. 31-503. Accessory structures. Subd. 1. In TR districts. (a) Accessory structures are subject to the following regulations: (1) One accessory structure may be located on a residential lot. (2) Uses may include one or more of the following: i. Accessory dwelling unit, 500 square feet maximum; ii. Accessory dwelling and one enclosed structure parking space (720 square feet maximum); iii. Home office; and/or iv. Storage. (3) Maximum size of a detached accessory structure is: i. 2,000 square feet or 10% of net developable area (as defined by this chapter, i.e. wetlands, lakes, rivers, ponds, steep slopes, etc.) of lot, whichever is less 1,000 square feet, one story use of loft area is allowed; or ii. 720 square feet (when grade level used as only garagc, i.c., no garage attached to primary structure), 20 feet maximum building height. (4) A detached accessory structure must abide by the following setbacks: Side yard, 5 feet Rear yard, 10 feet (5) The application requires design review for consistency with the primary unit in design, detailing and materials. (6) Detached accessory structures shall not have window openings facing the rear property line. (7) Detached accessory structures located on corner lots shall have the garage doors turned away from the side street. (8) If there are two garages on site, a minimum of one garage shall not face the street or streets if a corner lot. Subd. 2. In RB districts. (a) Accessory buildings are subject to the following performance standards: (1) The maximum lot coverage of all accessory buildings including attached and detached private garages and other accessory buildings shall be 1,000 square feet or ten percent of the lot area, whichever is less. (2) The total ground coverage of the accessory buildings shall not exceed the ground coverage of the principal building. (3) No more than two accessory buildings, one private garage and one other accessory building, 120 square feet maximum, shall be located on a residential premises. (4) An upper level of an accessory building may be used as an accessory dwelling (in accordance with Sec. 31-105), home office, storage or recreation room. The lower level of an accessory building shall not be designed or used for human habitation, business or industrial accessory use. SECTION 6 SUMMARY PUBLICATION Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance amends regulations for accessory structures and accessory dwelling units by removing conflicting language that allows for accessory dwelling units in upper levels of detached garages in the RB two-family district, allows for additional habitable spaces (such as home offices and recreation rooms) in upper levels of detached garages and increases the maximum square feet allowed for accessory structures on larger lots in the TR traditional residential distrct. SECTION 7 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this day of , 2022. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor 9 I11war THE BIRTHPLACE OF MINNESOTA DATE: September 28, 2022 TO: Honorable Chair and Planning Commissioners FROM: Tim Gladhill, Community Development Director SUBJECT: Document Format Changes — Planning Approvals BACKGROUND On this Agenda, Planning Commissioners may notice a change to the format to some of the reports granting approvals to Planning Applications such as Variances, Conditional Use Permits, Interim Use Permits, etc. Previously, Staff had administratively prepared permits/certifications of proceedings in a document format that wasn't directly included with the Planning Commission's packet. Staff has been working with the City Attorney and City Clerk to improve processes and document execution/recording. Many of the actions (approvals and denials) directly granted by the Planning Commission will now come forward in the form of a Resolution. This not only better documents findings to support actions along with conditions of approval, the format is more appropriate for recording the document against the property's title. The Planning Commission will now be able to see the exact document format as part of the packet, as opposed to Staff administratively approving a new document after Planning Commission action. This format is very common with other peer communities. No discussion at the meeting is necessary for this update. This Memo is to simply provide some context to a number of new documents attached to this month's Agenda Packet.